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FAQ

What is the difference between an home care agency and a registry?
The battle of the W-2 vs. 1099Home care agencies help families find and manage caregivers using W-2 employee status.Registries use the 1099-MISC contractor relationship (1099-MISC). For a clear definition of the difference on contractor 1099 and W-2 hire, please see: Irs 1099 or W-2?In 30 states the home care industry is regulated: State-by-State Licensing Guide for Private Duty Home CareThere are four ways you can hire a caregiver for a senior:Direct - under the table (illegal)Direct - legal using tax withholding (Breedlove)Registry - using the 1099-MISC realationship (HomeHero)Agency - paying the agency with in turn employees W-2 the caregiver (Home care)Recent laws have shaken things up90%+ of the providers in the U.S. today are agency, W-2.  However, with recent employee tax laws involving overtime and health care compensation, it is making caregiving uneconomical for both caregivers and careseekers. The two largest organizations for these two respectively different approaches:PDHA and and NAHC (Agency W-2):Private Duty Homecare AssociationNational Association for Home Care & HospicePCA (Private 1099-MISC):Private Care Association Representing Caregiver Registries: HomeMost of the discussion now is how to classify a worker that comes into the home to perform a task.There are three basic areas that are relevant to determine employment status:Behavioral control,Financial control, andRelationship of the parties"The IRS is very clear; if you have a household employee, you must withhold and pay employment taxes"[1]This is the (lengthy) document that was published by the IRS that we are all abiding by:Publication 926 (2013), Household Employer's Tax Guide[1] Introduction to the PCA[2] Irs household employee rule
If I performed all work referenced on a 1099-MISC during 2011 but the check was issued to me and received in January 2013, can I still claim this income for 2012?
This is confusing.  You did work in tax year 2011.  You received a 1099-MISC at the end of that year showing the amount you were paid, but you were not paid then.  The company sent you Copy B of the 1099-MISC and sent Copy A to the IRS.  When you received that 1099-MISC in the mail, you should have contacted the company and told them you were never paid and that your not going to report this income on your 1040s because you never received it.  The company needs to efile a correction and they can still efile a correction even in 2014.If you were paid in January of 2013, then you report that income at the end of the 2013 tax year on your 1040s.  The company needs to issue a 1099 as well because the IRS double checks that what the payer paid is the same as what the recipient received in that tax year.  The IRS double checks the 1099-MISC values with the 1040s.  My best advice is dont hope that everything just works itself out and goes away with time.  The IRS chases discrepancies and will start issuing fines. Contact the company.  Ask them to efile a correction.  Get a new Copy B issued for TY2011 showing the amount paid was $0.  Get a Copy B for TY2013 showing the actual amount paid.  When you efile a 1099 with the IRS, the company will receive a receipt.  Get a copy of that receipt.  If you dont follow up, eventually all of this go to the Under/Over Reporting Department at the IRS and they will start issuing fines.
What happens if a company issued 1099-MISC to its contractor but did not file a 1096 or submit the 1099-MISC copies to the IRS?
I like Lislue’s answer the best of the three so far. Once you file your taxes and include the 1099 income, the irs computers will go looking for a match (epecially if you use software and input the data from the 1099 into an equivalent 1099 form in the software. When the computers don’t find a match, then they go looking for the source documents, hence a letter/inquiry/audit gets started/sent out. Fines/penalties, etc get assessed.the source company msy self-trigger an audit when they deduct a high wages expense, but have not submitted any W-2 or 1099 forms. It might take a year, but the irs will catch up.
What happens if I have two W2 tax forms (from two different workplaces) and I file only one of them this year and file the other one next year? Is this allowed?
Bottom line: Never ever not report income the IRS knows you have earned. It's incredibly high probability (I think almost certain) they will enforce action before the statute of limitations runs out.IRS will likely come after you.  W-2's are easy, low-hanging fruit to them. When you get a W-2, the IRS (and likely your state tax authority) also get a copy of the same information.  (This also applies to certain other informational forms and returns like a 1099-MISC, 1099-K or 1065 Partnership Return).If the IRS knows you have W-2 income, they are going to be looking for it to be on your return.Most people think if they file their return and they don't hear back in a month or even a few months that they "got away with it." The reality is that the IRS can come after you as late as 3 years after the due date of that return (so if you are filing 2013 taxes, which are due April 15th, 2014, the IRS can come after you - in most circumstances - as late as April 15th, 2017).In my experience, IRS will likely "mail audit" you where they show you that they were looking for the W-2 and you didn't put it on there.  They will "suggest" your new income and tax liability after including that income on your return, and expect you to pay the difference.  You can expect interest and potentially underpayment penalties, and if the amount is large enough or they perceive your intentionally trying to evade taxes, then they can issue further accuracy-related penalties on you.
Are there any online templates for printing 2013 1099-MISC's from Excel or Word?
The link to the official forms are here: Page on irs.govIRS can also be contacted if forms need to be mailed to your office.
Internal Revenue Service (IRS): How many W-2s were issued in 2012? How many Forms 1099-MISC?
I don't have an answer as I was also unable to find this statistic anywhere.  I can tell you that the Social Security Administration actually processes W2's and forwards the information to the IRS.  1099's however are processed by the IRS directly.The closest statistic I can find is that in 2010 there were 117,820,074 tax returns processed that showed salaries and wages (W2 income) on them.  That does not allow for returns where the taxpayers have multiple W2's nor does it allow for people who received a W2 and did not file a tax return, so all I can say is the number of W2's is something larger than 117M.
Are w-9/1099-misc forms automatically sent to the IRS by companies you worked for?
A W-9 is between you and the company — not the IRS.As for 1099’s, those are information returns that payers of various types of payments are required to file with the IRS. What you get is a copy of what the company files with the IRS. (Same thing with employees’ W-2’s, although those are filed with the Social Security Adminsitration — not the IRS.) I wouldn’t use the term “automatically”, but if the company doesn’t file with the IRS, then there’s nothing for it to send you a copy of.So, if you’ve gotten a form, that means that the original of that form has been (or will be) filed with the gov’t. (The deadlines are different, so you could get your copy before the government filing is actually done, but yours is still a copy of theirs.)Just one caveat : From your question, asking about W-9 and 1099-MISC, it sounds as if you are an independent contractor. If, however, you are a fictional “1099 employee” — or if you are in fact an employee who is simply misclassified as a contractor — then you may be getting a 1099-MISC with no form going to the IRS. Some employers who illegally pay employees as if they were not employees (no withholding, no FICA, etc.) decide to go “all the way”, and simply not report the pay to the IRS at all. In effect, they pay “off the books.” They still send you a 1099, because to not do so would cause you to question its absence. But the 1099 doesn’t get included with your tax return — only the income does — and including income that hasn’t been reported to the IRS is not that same problem as omitting income that has been reported to the IRS
What is a 1099-misc form?
Form 1099-MISC is a report of certain payments made in the course of a trade or business. Personal payments are not required to be reported on a Form 1099-MISC.One of the most common uses of a Form 1099-MISC is to report payments made to an independent contractor for services rendered to the payer.Other payments reported on a Form 1099-MISC include rents, royalties, fishing boat proceeds, medical and health care payments, non-employee compensation, substitute payments in lieu of dividends or interest, crop insurance proceeds, excess golden parachute payments, proceeds paid to an attorney, certain prizes and awards, certain wages paid to a deceased employee, certain payments of Indian gaming profits to tribal members, certain payments to individuals participating in medical research studies, certain termination payments to former self-employed insurance salespeople, certain payments for punitive damages, compensation paid to H-2A visa agricultural workers who did not provide a Taxpayer Identification Number to the payee, and certain other income. For some of these categories, if the payments made during the year were less than a certain amount, the payer is not required to prepare a Form 1099-MISC for those payments.In many cases, the income reported on a Form 1099-MISC is taxable income to the payee.The payer prepares the form, sends one to the payee and one to the Internal Revenue Service. Some states require a copy as well.https://www.irs.gov/pub/irs-pdf/...https://www.irs.gov/pub/irs-pdf/...